65 (D.N.H. 2008) (citing the provision as clause 4),
Rhodes v. MacDonald
, No. 4:09-CV-106, 2009 WL 2997605, at *1 n.1(M.D.Ga. Sept. 16, 2009) (same),
Gerard N. Magliocca,
Constitutional False Positives and the Populist Movement
, 81 N
with Mathews v. Diaz
, 426 U.S. 67, 78 n.12 (1976) (citing the provision as clause 5),
Andrew B. Coan,
The Irrelevance of Writtenness inConstitutional Interpretation
, 158 U.
(same). In any event, the parties agree as to the substanceof the Natural Born Citizen clause, and we use the same citation aswe used in
Berg v. Obama
, 586 F.3d 234, 237 n.1 (3d Cir. 2009).3dismissing their complaint. We will affirm the order of dismissal and direct Appellants’ counsel to show cause why justdamages and costs should not be imposed on him for havingfiled a frivolous appeal.
Appellants, seeking to compel President Obama to“conclusively prove[ ]” that he is eligible to serve as President,Appellants’ Br. at 6, named as defendants President Obama, theUnited States of America, the United States Congress, theUnited States Senate, the United States House of Representatives, former Vice President and President of theSenate Richard Cheney, and Speaker of the House Nancy Pelosi(hereafter “Appellees”). Appellants allege that President Obamaviolated their rights under the Fifth and Ninth Amendmentswhen he assumed office without “conclusively” proving that heis eligible for the presidency and that the legislative branchviolated Appellants’ right under the Petition Clause of the FirstAmendment when Appellants’ request to investigate thePresident’s birthplace and citizenship was ignored. Appellantsalso assert claims under the Fifth and Twentieth Amendmentsagainst Congress, former Vice President Cheney, and Speaker Pelosi, for failing to “properly vet and verify” Obama’scitizenship. Appellants’ Br. at 10. They moreover bring anequal protection claim on the ground that Congress “fullyinvestigated . . . whether Republican Presidential candidate John
Case: 09-4209 Document: 003110204058 Page: 3 Date Filed: 07/02/2010